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Prominent lawyer acquitted of smuggling drugs

A prominent Toronto defence lawyer and former FBI special agent was acquitted today of smuggling drugs to an inmate in the Don Jail.

By Dale Anne FreedStaff Reporter

Thu., Aug. 14, 2008

A prominent Toronto defence lawyer and former FBI special agent was acquitted today of smuggling drugs to an inmate in the Don Jail.

"Its good to have this over," a jubilant Edmund Schofield, 74, a veteran lawyer of 40 years, told the judge at his arraignment today at a University Ave. courtroom.

"Not guilty," Schofield told the judge moments before charges of trafficking once ounce of marijuana and one gram of cocaine found secreted on an inmate at the Don Jail were dismissed.

Ottawa Crown Luc Boucher, who came from Ottawa for the case, said the crown would "show no evidence on the charges," and that the crown was not pursuing the file.

"Common sense finally prevailed," said Schofield, who was surrounded by his wife of 49 years, Carol, one of his four daughters and a son-in-law.

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"As the trial unfolded, the guards contradicted each other. It's very difficult to imagine how this could have happened without some degree of deceit on the part of his accusers," his daughter Dr. Sally Schofield, a psychiatrist and clinical director of the day clinic at North York General Hospital, told reporters.

"It's very disappointing. Its an absolute betrayal of the public interest on the part of his accusers," she said.

Schofield's nightmare began on March 27, 2007, when he went to meet with an inmate on the second floor interview room of the Don Jail. Minutes after they sat down to talk, and as Schofield was putting on his reading glasses and getting out legal papers, much to his amazement he saw the inmate "opening up his prison jumpsuit and reaching inside to grab his crotch," Schofield told the Star.

"What the hell are you doing?" Schofield asked the inmate, who explained he was "suitcasing" drugs.

But no sooner had this started than a female guard looked though a window in the interview room door and called for other guards to come.

Schofield was arrested and charged with drug trafficking and taken to 55 Division where he spent the night in jail. He was bailed out the next day by lawyer David O'Connor, who put up $10,000.

"Its been 17 months of hell, sleepless nights," he told the Star. "I think it's essentially being in the wrong place at the wrong time and a misinterpretation on the part of the lady guard," said Schofield.

To prove to the judge that he was an expert at secreting drugs, the inmate showed the court at the preliminary hearing last spring just how he did it, explained Schofield.

The day he went to Schofield's preliminary hearing, the inmate was strip-searched twice - once at the Don Jail and once at the court - Schofield told reporters.

And yet when he pulled down his boxer shorts to show the judge how he did it (he was wearing a second pair for modesty) he revealed a sock pouch made from the toe of a sock that had a wad of toilet paper inside that went undetected in the strip searches.

As Schofield walked out of the courtroom, he was met with handshakes from prominent defence lawyers Edward Greenspan and his brother Brian Greenspan.

"It's 17 months too long. I never had any doubt of his innocence and I think anybody who knows him never had any doubt of his innocence," said Edward Greenspan.

He and his brother said they had offered to be character witnesses for Schofield after his arrest.

"He's a man of genuine integrity," said Edward Greenspan. "It's been a shame."

After Schofield's arrest, many defence lawyers said they were "reluctant to go into the jails," said Schofield's lawyer, Brenda Lawson, outside court.

Edward Greenspan said that now, if a lawyer has to visit a client in jail, they always try to be accompanied by another person.

"It's wonderful it's finally over for him and his family," said Lawson, a law partner and wife of David O'Connor, who also represented Schofield.

Schofield isn't resting on his laurels. He's already been to three different courts to represent clients prior to his hearing this morning and he planned to appear at another right after his own.

"Anybody who knows Ed knows he could never have done this," said his wife Carol. "They need to refit the Don Jail (with glass windows all around) so this doesn't happen again."

"This could have happened to any defence lawyer going to see a client at the Don Jail," Schofield said.

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